Computer Related Crime

What is Computer Related Crime?

The use of computer, the Internet and telecommunication or information devices has brought us much convenience in all kinds of our daily pursuits, from learning, leisure, personal communication to conducting business activities. However, at the same time, the convenience of this virtual space has created a great potential for abuse by criminals.

Statistics show that there has been a significant increase in criminal activities that are computer and Internet based. In 1993 the Police handled just 4 cases of computer crime, but by 2000 the figure had risen to 368 cases. The problem has become a major public concern and its nature is complex.

Recent Statistics

The number of reported incidents reflects the scenario of the rise in computer crime cases. An incident means an adverse event that poses a threat to computer or network security. Figures of computer crime cases in Hong Kong and the incurred losses are also listed below.

Financial Losses due to Technology Crime Cases in Hong Kong

Hong Kong Police Force has published some technology crime statistics for recent years in Hong Kong.The following table shows the total financial losses due to the computer crime cases in recent years.

Table showing the financial losses due to computer crime cases in Hong Kong

What is Computer?

First, the concept of "computer" should be interpreted. Generally, the term "computer" usually refers to a stand-alone machine complete with a monitor, a keyboard and a central processing unit. However, with technology constantly evolving, the term also covers other items such as networked computer systems and other computer technologies such as Internet, mobile telecommunications and smart cards.

At present, under Hong Kong laws, the term "computer" is defined as "any device for storing, processing or retrieving information" in S. 22A of the Evidence Ordinance (Cap. 8), S. 26A of the Inland Revenue Ordinance (Cap. 112) and S. 19 of the Business Registration Ordinance (Cap. 310).However, the Electronic Transactions Ordinance (Cap. 553) does not attempt to define the terms "computer" or "computer system".

Rather, it uses the concept of "information system".

Realising the limitation of the term "computer", the Inter-departmental Working Group on Computer Related Crimes proposed the term "information system" as defined in the Electronic Transactions Ordinance (Cap. 553) should be used in place of the term "computer". This amendment should also apply across the board to all references to the term "computer" in legislation.

Examples in Other Jurisdictions

In the Council of Europe's draft Convention on Cyber-crime, a "computer system" means "any device or a group of inter-connected devices which pursuant to a program performs automatic processing of data".

The US Code Title 18 Section 1030 on "fraud and related activity in connection with computers" defines "computer" as follows -

"an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device"

The Canadian Criminal Code Part IX on "Offences Against Rights of Property - Offences Resembling Theft" provides the following definitions of "computer system" and "computer program" -"computer system means a device that, or a group of interconnected or related devices one or more of which,

a.

contains computer programs or other data; and

b.

pursuant to computer programs,

i.

performs logic and control; and

ii.

may perform any other function,

computer program means data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function."

What is Computer Related Crime?

Computer crime or computer related crime or technology crime, are descriptions commonly used interchangeably to refer to any illegal act committed by application of computer technologies or usage of such technologies as a means in the commission of the offence.

Computer crime can be categorised as follows:

crime that is directly targeted at the computer or computer system e.g. hacking into a server or defacing a web page

Impacts

In the information age, the use of computers or information systems is applied nearly everywhere in our modern society. It includes critical infrastructures such as power supply systems, fresh water supply systems, public transportation, communications networks, etc, to all kinds of business operations. Criminal damages to these systems create much greater impact than that of conventional criminal attacks.

Loss of data and information

Damage of IT resources

Time wasting in reading, checking, verifying ( e.g. hoax) and re-setting the system

Wasting bandwidth

Unavailability of service

Unauthorised use or misuse of computer systems

Loss of customer trust

Loss of public confidence

Disruption of Production

Financial Loss

Reputation of Companies

Preventive Measures Against Computer Related Crimes

The most effective way to prevent criminals from making illegal acts is to minimise the potential for such acts to take place. The key is education. It is only through continuous education efforts that public awareness on the issue can be raised.